The Office of the Special Project Facilitator (OSPF) is responsible for the Consultation Phase of the Accountability Mechanism of the Asian Development Bank (ADB). OSPF’s core function is to facilitate problem solving concerning ADB-assisted projects and programs using consensus-based methods, seeking agreement among all parties. In 2011, OSPF concluded the consultation process for two complaints, received and processed seven new complaints, and worked jointly with the Office of the Compliance Review Panel to inform stakeholders about the Accountability Mechanism through outreach sessions, both at ADB headquarters and in several countries. OSPF produced two new publications in 2011 and translated the Consultation Primer into the languages of three developing member countries to disseminate information about the complaint process and to promote the use of effective grievance redress mechanisms.
At the 43rd Annual Meeting of the Board of Governors of the Asian Development Bank (ADB) held in Tashkent, Uzbekistan in May 2010, the President announced a joint Board and Management review of the Accountability Mechanism. This paper gives the summary of the review in which the main objective was to examine the scope for improvements in the Accountability Mechanism. The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures. It consists of two separate but complementary functions: consultation phase and compliance review phase.
The dramatic rise in the number of international courts and tribunals and the expansion of their legal powers has been one of the most significant developments in international law of the late 20th century. The emergence of an international judiciary provided international law with a stronger than ever law enforcement apparatus, and facilitated the transformation of many aspects of international relations from being power-based to being law-based. The first edition of the Manual on International Courts and Tribunals, published in 1999, was the first book to survey systematically this new institutional landscape, by describing in an accessible and uniformly structured manner the legal powers and operating procedures of all major international judicial and quasi-judicial bodies. In doing so, it laid the groundwork for comparative study and research of the law and practice of international courts and tribunals - an emerging field of international legal research, which has already spurred a series of publications, conferences and academic courses. This second edition updates the first edition by describing the many legal changes that have taken place in the last decade, including important reforms in the laws and procedures of many international courts and tribunals, relevant developments in their increasingly rich jurisprudence and the creation of new judicial fora. Moreover, it assesses the overall record of these judicial bodies. The data and legal analysis offered in the book provide both practitioners and academics with an important basis of knowledge that will help them better understand the details of international adjudication and its context.
After a full-scale review of the Accountability Mechanism that was concluded in February 2012, the new Accountability Mechanism of the Asian Development Bank (ADB) became effective on 24 May 2012. It has resulted in clearer and closer collaboration between the functions of problem solving—handled by the Office of the Special Project Facilitator (OSPF)—and those of compliance review by the Compliance Review Panel. The policy now clearly defines the responsibilities of OSPF and those of the Office of the Compliance Review Panel ( OCRP) as well as the oversight function of the Board on compliance review. The newly created position of the complaint receiving officer is a single entry point for complaints and directs them to OSPF, OCRP, or other offices in ADB. These changes make the Mechanism more credible, efficient, and effective in addressing the concerns of people affected by ADB projects.
Multilateral development banks and other development agencies have adopted environmental and social safeguard policies setting due diligence standards for the provision of project finance. Such policies are evolving in terms of the activities covered and in their normative requirements. Recent iterations incorporate human rights requirements, recognising the imperative of adopting human rights-based approaches to development. Each institution has also established independent accountability mechanisms (IAM), variously functioning to ensure compliance with the applicable safeguards, to advise management regarding the application of the obligations involved, and to facilitate communication with affected communities and individuals with a view to resolving project-related disputes. IAMs are central to the implementation, interpretation, and ongoing elaboration of safeguard policies, and thus to the environmental and social good governance so essential for sustainable development. This edited volume presents a series of in-depth examinations by leading experts from banking institutions, academia and civil society, of key aspects of the rapidly evolving practice of IAMs, and of the implications of such practice for environmental and social governance.
With their unique strengths and specialized knowledge of their communities and constituencies, civil society organizations (CSOs) have an essential role to play in creating a more prosperous, inclusive, resilient, and sustainable Asia and the Pacific. This publication provides guidance on how CSOs can be more effectively engaged in Asian Development Bank (ADB) operations to maximize the benefits for its developing member countries. It provides advice, templates, and tips for ADB staff and country officials to use when designing, implementing, and monitoring ADB-financed operations.
This book discusses the issues related to transparency, accountability and effectiveness in a number of international financial institutions and makes an assessment of the first ten years of activities of the Independent Investigation Mechanism (IIM) at the Inter American Development Bank (IDB). The first part consists of general and introductory material. The concepts of transparency, accountability and effectiveness as well as existing accountability mechanisms at some of the international organizations are presented and the main characteristics of the Independent Investigation Mechanism of the Inter American Development Bank are presented. The second part introduces a set of case studies. Cases submitted to the IIM, from its creation in 1994 until December 2005, and their outcomes are discussed. Each case is presented in a separate chapter and lessons are drawn for future use. This book will serve the purpose of illustrating the complexity of monitoring development projects and the various internal and external problems associated with them. In addition, it emphasises the need for carefully established investigation structures as tools to increase transparency, cater for accountability and ensure efficiency in the use of financial, human and natural resources.
ÔDr Fujita reminds us of the critically important role that human rights can play. Opening up new perspectives, this book is a major and original contribution to the literature.Õ Ð From the foreword by Paul Hunt ÔSanae FujitaÕs book, The World Bank, Asian Development Bank and Human Rights is a significant scholarly contribution to important issues of global governance in our increasingly interconnected world. The book is an excellent treatment of the emergence of participatory rights and accountability in the context of international finance and international organizations more generally. Particularly valuable is the in-depth treatment of transparency and accountability at the Asian Development Bank, an important and often-overlooked institution critical to international governance.Õ Ð David Hunter, American University Washington College of Law, US The World Bank and the Asian Development Bank are two of the worldÕs major institutions conducting development projects. Both banks recognize the importance of transparency, participation and accountability. Responding to criticisms and calls for reform, they have developed policies that are designed to protect these values for people affected by their projects. This original and timely book examines these policies, including those recently revised, through the prism of human rights, and makes suggestions for further improvement. It also analyses the development of the BanksÕ stance to human rights in general. This unique book contains valuable and deeply insightful information drawn from extensive face-to-face interviews with relevant actors, including key personnel from both banks, consultants to the banks and members of civil society organisations. It expands the scope of research/discussion on human rights obligation of International financial institutions that will prove insightful for both academics and students. Practitioners will gain a great deal from the detail given on the standards of transparency, participation and accountability and their applicability to the day-to-day operations of development institutions.
The last few years have witnessed several significant developments in respect of international organizations, most of which are best encapsulated in the word "change". In particular, international organizations have moved from their traditional role of facilitator of the activities of their members, to that of director of their own activities. As a result, there is increased scrutiny over issues relating to the governance, control, accountability and the privileges and immunities of international organizations. These subjects are all the focus of this book. Edward Kwakwa has collected together the best published work by leading authorities in the field on subjects of crucial importance and relevance to international organizations, particularly in the context of today's ever-increasing globalization. This book is of interest to scholars and students of law, as well as government and non-government practitioners and international civil servants.
Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recent years. Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described. Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.
